Compensation for Florida Dog Bite Injuries
Compensation for dog bite injuries falls into two categories – economic damages and non-economic damages. Economic damages are intended to compensate for a victim’s financial losses due to their injuries. Economic damages may include:
- Medical expenses – Compensation for hospital stays, doctor’s visits, medication, surgery, physical therapy, durable medical equipment, and more
- Lost income – Compensation for missed work due to injuries, as well as diminished earning capacity
- Wrongful death damages – Compensation for the loss of your loved one’s
- income contribution to the family
- the loss of their society, companionship, and services to the family
- and costs of last injury and funeral expenses
Non-economic damages include compensation for pain and suffering, such as physical and mental/emotional distress caused by your injuries.
If you’ve been bitten by a dog, the Cleveland Clinic recommends steps that you should immediately take to reduce the likelihood of a possible infection:
- Gently press on the wound to cause bleeding to flush out bacteria.
- Clean the wound with mild soap and water.
- Slow down the bleeding with a clean cloth.
- Apply antibiotic cream.
- Wrap the wound with a sterile bandage.
- Replace the bandage several times a day.
- Observe for signs of infection, such as redness, swelling, or increased pain at the bite site.
As soon as practical, head to an emergency room or your doctor’s office to get the wound examined and, if necessary, repaired with stitches. If you do not know or cannot find out the immunization history of the dog that bit you, your doctor or a hospital may also administer vaccines for diseases commonly carried by dogs, such as rabies. A tetanus shot is also a possibility.
Seeking medical attention as soon as possible after a dog bite is also important to establish that your injuries were caused by the bite rather than by some other cause.
Once medical professionals treat your dog bite injuries, you should promptly speak with a knowledgeable dog bite attorney. They can evaluate your case and determine who may be liable for compensation for your injuries.
Understanding Complications from Dog Bite Injuries
In addition to physical injuries, dog bites can also cause serious health complications, most often in the form of infections. The Centers for Disease Control reports that up to 18 percent of dog bites end up becoming infected with bacteria.
Although more than 60 kinds of bacteria can live in a dog’s mouth, only several of them can lead to infections and diseases in humans.
Some of the disease complications that can arise from dog bite injuries include:
- Rabies – A virus that affects the brain and is almost always fatal once symptoms appear, complications can be averted with a timely administered vaccine.
- Capnocytophaga bacteria – Most people who come in contact with the bacteria that live in dogs do not get sick. However, it can cause illness in persons with weakened immune systems.
- Pasteurella – A bacteria found in over half of all dog bites, it can cause a red, painful infection at the site of the bite along with swollen glands, swelling in the joints, and difficulty moving. It can lead to more serious infections in people with weakened immune systems.
- MRSA – A type of staph infection that is resistant to certain groups of antibiotics. MRSA infections
- can cause skin, lung, and urinary tract infections in people
- or can cause life-threatening infections if spread to the bloodstream.
- Tetanus – A disease caused by a toxin produced by the bacteria Clostridium tetani. This condition can cause rigid paralysis.
In addition to the infection risk, dog bites can cause
- lacerations
- puncture wounds
- avulsions
- and crush injuries that can even damage
- ligaments
- nerves
- blood vessel
- and bones.
Florida Dog Bite Laws
Florida Statutes §767.04 sets forth a dog owner’s liability. The statute states that the owner of a dog that bites a person who is in a public place or lawfully in a private place is liable for damages suffered from the bite, regardless of the viciousness of the dog or the owner’s knowledge of the dog’s viciousness. However, the dog owner is not liable for a bite in the owner’s premises, except for a victim under six years old or if the bite is proximately caused by the owner’s negligence if the owner posts a sign that includes the words “Bad Dog.”
Florida Statutes §767.11 defines a dog as a “dangerous dog” if it has
- bitten
- attacked
- endangered
- or severely injured a person
- has more than once severely injured or killed a domestic animal off the owner’s property
- or has, when unprovoked, chased or approached a person in a menacing fashion or as an apparent prelude to an attack.
Under Florida Statutes §767.13, if a dog bite is caused by a previously designated dangerous dog, its owner is also subject to being charged with a first-degree criminal misdemeanor along with quarantine or destruction of the dog by animal control. If the dog bite results in severe injury or death, the crime is upgraded to a third-degree felony.
In addition to state law regarding liability for dog bites, various municipalities throughout Florida have various dog bite laws. For example, Winter Haven has enacted an ordinance requiring owners to properly exercise care and control over their dogs such that the animals don’t become a public nuisance.
Polk County, which includes municipalities such as Winter Haven and Lakeland, prohibits dog owners from allowing their dogs to be unleashed on a public
- street
- sidewalk
- park
- or other public property.
An owner’s liability to the victim of a dog bite may be partially reduced or even eliminated based on the victim’s negligence. This is often most relevant in cases where the victim is shown to have intentionally or recklessly provoked the dog. An example of this would be harassing or assaulting the dog or assaulting the dog’s owner.
